Hong Kong Case Law: Decisions & Judgments

Topic

Calculation of monthly earnings

Legal area

Court

9 Sept 2025

CHOW KAT CHEUNG 對 ROAD EASY LTD

Citation

[2025] HKDC 1486
Court

District Court
Case number

DCEC467/2021

Court accepted applicant was an employee of respondent based on indicia (control, payment pattern, use of respondent vehicle, director as supervisor) and respondent's failure to file evidence; monthly earnings assessed at HK$21,140 (10‑month average as more favourable); permanent loss accepted at 1%; sick absence 651 days accepted; awarded statutory compensation calculated from those figures and deducted amounts already paid.
27 Feb 2025

LAM TUN WA v. SAN HING DRILL CUT ENGINNEERING COMPANY LTD AND OTHERS

Citation

[2025] HKDC 324
Court

District Court
Case number

DCPI3973/2022

The court found the applicant sustained mild head and soft tissue neck and back injuries with psychiatric adjustment disorder but no structural or neurological damage; the medical evidence (SJE) established MMI within 12 months and limited residual orthopaedic impairment; monthly earnings were properly calculated at HK$28,600 by adopting a flexible 30‑day/working‑days approach given continuous work immediately prior to the accident; a 12‑month sick leave is appropriate for s10 compensation (s10 presumption rebutted), permanent loss of earning capacity assessed at 6.5% for ECO purposes, and to…
25 Feb 2025

ZAFAR SIKANDAR v. CHARMING CONSTRUCTION ENGINEERING HONG KONG COMPANY LTD

Citation

[2025] HKDC 187
Court

District Court
Case number

DCEC324/2023

The Court applied the exclusive statutory formula in s.11 ECO and, under s.11(7), included concurrent earnings from a related employer (Yuk Yat) because the claimant had concurrent contracts performing the same work; it fixed monthly earnings at HK$19,700, applied the Form 9 loss of earning capacity (1.5%) and certified sick leave and medical expenses to compute statutory compensation under ss.9,10 and 10A, deducted prior payment of HK$9,100 and ordered the respondent to pay the balance with interest and costs.
30 Sept 2024

YIM WAI MING 對 YUK SING PROFESSIONAL ENGINEERING LTD

Citation

[2024] HKDC 1548
Court

District Court
Case number

DCEC1387/2022

Court accepted Form 7 as conclusive; applied s11(2) because applicant had only been employed by respondent for three days and there was no evidence of comparable employees with the same employer; accepted applicant's daily wage HK$2,000 and 26 working days per month to fix monthly earnings at HK$52,000; applied statutory formulas to award s9 HK$51,264.00, s10 HK$170,958.90 and s10A HK$2,614.00, total HK$224,836.90; respondent barred from adducing evidence for failure to file and absent; ordered payment with interest and costs.
19 Sept 2023

潘永澤對阮社旺

Citation

[2023] HKDC 1176
Court

District Court
Case number

DCEC1860/2021

Court found applicant was an employee (casual worker) not a subcontractor based on control, provision of tools, lack of financial risk, employer's admissions to the Labour Department and criminal admission/prosecution. No credible evidence established serious and wilful misconduct by applicant; ordinary negligence (if any) does not bar compensation under s5. Monthly earnings calculated as HK$25,800 (September 2020) under s11(1)(a) as the most favourable basis to the employee. On rehearing under s18 the court accepted treating surgeon's expert opinion and assessed permanent loss of earning cap…
5 May 2023

LI HUIDI, the administratrix of the estate of LEUNG KIN MING, deceased 對 TSANG YING FONG t/a WOOI MEI GOON

Citation

[2023] HKDC 615
Court

District Court
Case number

DCEC2196/2021

Court accepted the applicant's uncontested evidence that the deceased's monthly income was HK$19,000 and accepted the Form 7 assessment of 1% permanent loss and 130 days' incapacity. Applying s7(1)(c) cap of 48 months for a 64‑year‑old, s9 compensation = 19,000 x 48 x 1% = HK$9,120. Applying s10(1) temporary incapacity formula, s10 compensation = 19,000 x 4/5 x 130/30 = HK$65,866.67. Total compensation awarded = HK$74,986.67. Interest ordered at half the judgment rate from date of accident to judgment, then at full rate until payment. Provisional costs order made in favour of applicant with 1…
20 Mar 2023

黎同悅對黎傳安經營建業裝修工程公司

Citation

[2023] HKDC 303
Court

District Court
Case number

DCEC680/2021

Court accepted respondent's evidence over applicant's inconsistent recollection and WhatsApp records, fixed average employment at 12 days per month at HK$1,200/day yielding monthly earnings HK$14,400; applied multiplier 96 and assessed 0.5% permanent loss to award HK$6,912 under s9, awarded HK$49,920 under s10 for 130 days' sick leave, allowed medical expenses HK$495, offset HK$600 partial payment and ordered total payment of HK$56,727 with interest and costs ordered to respondent.
3 Feb 2023

NG TUNG HUNG 對 SB MEDICAL BEAUTY GROUP LTD t/a SB MEDICAL BEAUTY

Citation

[2023] HKDC 136
Court

District Court
Case number

DCEC2903/2018

In absence of any evidential rebuttal by the respondent, the court accepted the Review of Assessments certificate (2% permanent loss), the applicant's proved monthly income (HK$12,232) and medical expenses (HK$8,099), applied the statutory formulas in ss9 and 10 with CPI adjustment under s11(1A)(b) for post‑12 month compensation, and awarded statutory compensation totalling HK$241,969.62 plus interest and costs to the applicant.
14 Dec 2022

WONG POK MAN v. SPE SUPPLY CHAIN LTD

Citation

[2022] HKDC 1539
Court

District Court
Case number

DCEC728/2021

The court found service of trial documents proper, proceeded in the absence of the respondent, dismissed the unproven defence that the accident fell outside employment, accepted the facts as pleaded by the applicant, treated the Form 7 as conclusive for loss and sick leave, applied Or Wing Ming to calculate monthly earnings from the shorter practicable period, accepted the applicant's earnings and the 12.07% wage adjustment basis, and awarded statutory compensation under sections 9, 10 and 10A totaling HK$226,746.91 with interest and costs as ordered.
29 Sept 2022

LIU XIAOPING v. HUEN HO YIN and HUEN YUEN FAN, the Joint and Several Liquidators of LEUNG SUM KEE ET AL FRAMEWORK, PIPEWORK AND DEMOLISH ENGINEERING LTD (IN LIQUIDATION) AND ANOTHER

Citation

[2022] HKDC 1063
Court

District Court
Case number

DCEC2169/2020

Court accepted contemporaneous statements that the deceased earned $1,500 per day and worked 22 days per month, fixing monthly earnings at $33,000 but applying the Sixth Schedule cap of $28,360; applying multiplier 60 produced s6(1) compensation of $1,701,600, funeral expenses capped at $83,700, total award $1,785,300; interest ordered from date of accident and compensation apportioned in accordance with Seventh Schedule paragraph 5 (50% to wife, 25% to each child); costs to be paid by respondents for assessment with taxation if not agreed.